Sir, i want to marry a boy who is not of my caste due to which my family has threaten me that if i will marry to him then they will kill us. But we are going to marry in court. I want to know that if my family file a fir in Chapra, Bihar which is my hometown against the boy and his family that they have kidnapped me. then is it necessary for us to come from Darbhanga, Bihar where boy is residing with his family to Chapra Police Station? If yes, then wat legal precaution or action we can take so that we have not to go to Chapra as there will be threat to both of us.
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1) send a letter to chapra police station that you are marrying boy of your own free will that you apprehend your parents will file false case of kidnapping against your boy friend
2) send a copy of letter to commissioner of police
3) in case false case is filed you and boy friend will have to go to chapra police station for recording your statement
If you are aged 18 yrs & above and the boy is 21 yrs and above you both can marry under special marriage act by submitting proof of age for you both and residence of one of you I.e the boy where the marriage is to be registered.
2. No case of kidnapping will have any legal effect once the marriage certificate is shown to police who may come down to Darbhanga for investigation.
Dear Querist
if both of you are major then no need to worry, you have right to live your life as per your wish and no body can restrain you, it is your fundamental right provided by constitution of India.
After solemnized the marriage immediately file a writ petition before High Court for protection and send the copy of all the documents, as affidavits, marriage certificate along with an application for protection to SSP Darbhnaga & SSP Chapra.
After that you and your boy friend who will be the Husband or his family will have no requirement to visit Chapra Police Station.
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Both of us are major and central government employee. I want to know if they complain in Muzaffarpur as presently my father is residing in Muzaffarpur, Bihar. Then 1. can i send copy of all documents to SSP Muzaffarpur also. 2. wat i can do to save my in laws from this case or complain, if my guardian include them also in this. 3. is it sure that if i file a writ petition before High Court for protection and send the copy of all the documents, as affidavits, marriage certificate along with an application for protection to SSP Darbhnaga & SSP Chapra. then we have not to go to chapra. 4. Is it sure once the marriage certificate is shown to police who may come down to Darbhanga for investigation then we have not to go to CHapra. 5. And after sending copies of all documents to SSP and my parents file a false case then wat i have to do. 6. Wat is quashing petition.
1) you cans end copy of documents to SP Muzzaffarpur
2) execute an affidavit that you are marrying of your own free will . keep copy of affidavit with your in laws
3) you can file writ seeking police protection but in case case filed in Chapra you will have to go to Chapra to record your evidence
4)you may have to go to chapra inspite of having marriage certificate for recording your statement
5) if any false case i field against your husband , in law you can file petition in HC to quash the case ie to drop the proceedings
If yes, then wat legal precaution or action we can take so that we have not to go to Chapra as there will be threat to both of us.
If you both are major by age and have attained marriageable age then there should be no problem to marry each other.
Legally your marriage is valid hence the police cannot interfere in this, especially if you are firm that you have not been kidnapped but you have voluntarily eloped home for the sake of your love and marriage with him.
You may send a communication to the concerned police station that you both are safe elsewhere and there is no need to entertain the complaint.
If they still insist on your physical presence, you may visit the station with him and return immediately but take the support of your in laws and others while visiting the police station.
1. Yes, you can do that and request the Mujaffarpur police to not to entertain the complaint or to pursue the matter any further.
2. Your in laws shall save themselves by saying tht they do not have any objection to this marriage and that the bride came to their home on her own.
3. You can write to the Chapra police that you have not been taken away by force or being kidnapped.
You can express your unwillingness to attend the said police for the fear of being killed by your father or his henchmen.
4. This may not become necessary.
5. Let them file a complaint, yo need not worry because you both are major by age and getting married to each other is not a crime, you can challenge the same before court.